Agenda packet — Pismo Beach City Council, August 4, 2026 (part 2 of 2)

Printed 07/09/2026
PlanetBids
Attachment 2
Council Agenda 8-4-2026 9.E-679.X-129

City of Pismo Beach
Cliff Ave/Ocean Blvd Storm Drain Repair and Bluff Face Stabilization Project, bidding on 07/09/2026 2:00 PM (PDT)

Page 2 of 4 ends

Printed 07/09/2026
PlanetBids
Attachment 2
Council Agenda 8-4-2026 9.E-689.X-130

City of Pismo Beach
Cliff Ave/Ocean Blvd Storm Drain Repair and Bluff Face Stabilization Project, bidding on 07/09/2026 2:00 PM (PDT)

Page 3 of 4 ends

Printed 07/09/2026
PlanetBids
Attachment 2
Council Agenda 8-4-2026 9.E-699.X-131

City of Pismo Beach
Cliff Ave/Ocean Blvd Storm Drain Repair and Bluff Face Stabilization Project, bidding on 07/09/2026 2:00 PM (PDT)

Page 4 of 4 ends

Printed 07/09/2026
PlanetBids
Attachment 2
Council Agenda 8-4-2026 9.E-709.X-132

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Vendor Agreement (Rev. 3/2024)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and ENGEO Incorporated (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Engineering Services During Construction of the Cliff Ave/Ocean Blvd Storm Drain Project VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through December 31, 2027. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of three hundred fifty thousand dollars ($350,000), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.

V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

VII. CITY REPRESENTATIVE
The Capital Projects Manager is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise Attachment 3
Council Agenda 8-4-2026 9.E-719.X-133

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Vendor Agreement (Rev. 3/2024)
stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:

Attachment 3
Council Agenda 8-4-2026 9.E-729.X-134

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Vendor Agreement (Rev. 3/2024)
injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, Attachment 3
Council Agenda 8-4-2026 9.E-739.X-135

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Vendor Agreement (Rev. 3/2024)
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and

C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

Attachment 3
Council Agenda 8-4-2026 9.E-749.X-136

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Vendor Agreement (Rev. 3/2024)
XVII. CONFLICT OF INTEREST
No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.

Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party Attachment 3
Council Agenda 8-4-2026 9.E-759.X-137

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Vendor Agreement (Rev. 3/2024)
will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.

XXIX. INTEGRATION; AMENDMENT

This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

CITY:

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: Dean J. Pucci
VENDOR:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
Attachment 3
Council Agenda 8-4-2026 9.E-769.X-138

GEOTECHNICAL

ENVIRONMENTAL

WATER RESOURCES

CONSTRUCTION SERVICES

COASTAL/MARINE GEOTECHNICS
3890 Murphy Canyon Road, Suite 200 y San Diego, CA 92123 y (858) 573-6900y Fax (858) 573-8900 www.engeo.com
Project No.

T3051.000.002
July 23, 2025
Revised June 3, 2026
Mr. Daniel Contreras
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Subject: Ocean Boulevard Improvement Project Component B Cliff Ave & Ocean Blvd Storm Drain Repair
City of Pismo Beach Vendor Agreement date Jule 25, 2023 City of Pismo Beach Permit No.: P24-00073
Pismo Beach, California

REQUEST FOR VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
Dear Mr. Contreras:

Per your request, ENGEO has prepared the attached estimate of requested fees associated with engineering support during construction of the Component B storm drain repair measures located on the seaward side of the intersection at Ocean Boulevard and Cliff Avenue near the southwest end of Dinosaur Caves Park (Latitude 35.152506°, Longitude -120.667655°) in Pismo Beach, California.

SCOPE OF SERVICES
You have requested we provide the following scope of design services during construction.

1. RFIs: Respond to contractor Requests for Information (RFIs) in a timely manner.

2. Submittals: Review of contractor submittals, shop drawings, and product data for conformance with the design documents.

3. Construction Meetings: Attendance at construction meetings as requested by the City of Pismo Beach (City) to provide technical support and address design-related questions and/or clarifications.

4. Clarifications: Provide timely clarifications, design interpretations, and plan revisions as needed during construction.

5. Field Support: Provide site visits or field support as requested by the City to review field conditions, respond to design-related questions, and support construction progress. We will also be on site during drilling of the pilot holes (assuming 5 days) and review the contractor supplied video.

6. As-Builts and Closeout: Review of contractor-provided as-built redline plans for completeness and accuracy. Preparation of final Record Drawings incorporating field changes and contractor redlines and provide them to the City in their requested file-format. ([KLELW$ %
City of Pismo Beach T3051.000.002
Ocean Boulevard Improvement Project Component B July 23, 2025 Cliff Ave & Ocean Blvd Storm Drain Repair Revised June 5, 2026 REQUEST FOR VENDOR AGREEMENT FOR PROFESSIONAL SERVICES Page 2

ESTIMATE OF ANTICIPATED FEES
We are requesting a budget of $350,000, with the various fees broken down on the attached table.

We have assumed up to an 11-month construction schedule. We will bill on a time-and-expense basis, not to exceed without prior authorization, in accordance with the attached fee schedule. The actual fee will depend on contactor schedule and requests for consultation.

LIMITATIONS
ENGEO's liability for damage due to professional negligence, acts, errors, omissions, breach of contract and consequential damages will be limited to an amount not to exceed the limits of ENGEO’s insurance policy(ies), which for the purpose of this agreement only, is $5 million per occurrence, regardless of the legal theory under which such liability is imposed. This modification to the limit of liability is applicable only to this project and shall not constitute a precedent for future agreements between ENGEO and the City.

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT
If the above scope of services and fee are acceptable, please issue a Vendor Agreement for Professional Services as our authorization to proceed. Our services are unable to commence without prior receipt of an executed agreement.

We look forward to working with you to complete the design for this challenging and difficult project.

Please contact us if you have any questions or require additional information.

Sincerely,
ENGEO Incorporated
Randy Hildebrant, PE, GE Josef J. Tootle, PE, GE
Associate Principal
rh/jjt/dt
Attachments: Estimate of Additional Design Fees
2026 Preferred Client Fee Schedule
2026 Summary of Laboratory Fees
Attachment 3
Council Agenda 8-4-2026 9.E-779.X-139

Principal Associate Project Assistant Mileage CAD Software Engineer
1 2
3 20 80 8 1000
4 5
6 TOTAL ESTIMATE $350,063
Staff Hours
Item No.Subtotal
Estimate of Construction Engineering Support For Ocean Blvd Improvement Project Cliff Ave/Ocean Blvd Bluff & Storm Drain Repair City of Pismo Beach Sea Cave Design Adjustment Component B - Ocean Blvd & Cliff Ave Project

PREFERRED CLIENT FEE SCHEDULE

PROFESSIONAL SERVICES
Effective February 2026
President ...................................................................................................................................... $500.00 per hour Principal ....................................................................................................................................... $440.00 per hour Associate ..................................................................................................................................... $360.00 per hour Subject Matter Expert .................................................................................................................. $475.00 per hour Senior........................................................................................................................................... $305.00 per hour Project .......................................................................................................................................... $270.00 per hour Staff .............................................................................................................................................. $245.00 per hour Assistant ...................................................................................................................................... $190.00 per hour Construction Services Manager II .............................................................................................. $245.00 per hour* Construction Services Manager I ............................................................................................... $235.00 per hour* Senior Field Representative II .................................................................................................... $205.00 per hour*/** Senior Field Representative I ..................................................................................................... $185.00 per hour*/** Field Representative ................................................................................................................... $170.00 per hour*/** Senior Laboratory Technician ..................................................................................................... $205.00 per hour Laboratory Technician ................................................................................................................. $185.00 per hour Senior GIS Developer ................................................................................................................. $220.00 per hour GIS Developer ............................................................................................................................. $210.00 per hour Senior GIS Analyst ...................................................................................................................... $215.00 per hour GIS Analyst .................................................................................................................................. $200.00 per hour Senior CAD Specialist ................................................................................................................. $200.00 per hour CAD Specialist............................................................................................................................. $190.00 per hour Network Administrator ................................................................................................................. $270.00 per hour Project Assistant .......................................................................................................................... $160.00 per hour * Two-hour minimum portal to portal and cancellations within 24 hours. * OVERTIME RATES: Rates will be increased by a factor of 1.5 for all hours worked in excess of eight (8) Monday through Friday, and the first eight (8) hours worked on Saturday. Rates will be increased by a factor of 2.0 for all hours worked in excess of twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday, and all hours worked on Sundays and holidays. ** For Prevailing Wage projects, the hourly rate will be increased by $23. ** Rates will be increased by factor of 1.25 for night-shift hours (hours commencing after 4:00 p.m. or before 4:00 a.m.); rates will be increased by a factor of 1.875 (an additional factor of 1.5) for all night-shift hours in excess of eight (8); rates will be increased by a factor 2.5 for all night-shift hours worked in excess of twelve (12).

Scheduled night-shift work, which is cancelled with less than 24 hours’ notice, will be billed at night-shift rates. Night-shift work of less than 4-hour scheduled duration will be billed a minimum of 4 hours at night shift rates.

ADDITIONAL SERVICES OFFERED
In addition to our core services of geotechnical, hydrologic and environmental engineering, including construction-phase testing and observation, ENGEO provides clients with services for establishment and management of Geologic Hazard Abatement Districts (GHAD) and for Entitlement and Permitting Support (EPS). For more information about these services and associated pricing, please contact ENGEO at (925) 866-9000.

OTHER FEES
x Equipment and materials will be charged in addition to the above hourly rates. x Outside Consultants, Subcontracted Services and Equipment Rental ................................................................................... Cost plus 25% x Expert Witness, Deposition, Mediation, Arbitration, or Court Appearance (Minimum Charge) .......... $2,800.00 half day, $4,800.00 full day TERMS
Invoices will be submitted at completion of work or at approximately four week intervals and are due and payable upon receipt. Statements will be issued at monthly intervals. Charges not paid within 30 days of invoice date will accrue a late charge at a rate of 1.5 percent per month. In the event it becomes necessary to commence suit to collect amount due, Client agrees to pay attorney's fees and costs, as the court may deem reasonable until amount is paid. Fees will be applicable for one year from the effective date above; thereafter, fees will be adjusted annually. Our fees will be billed using an invoice format produced by a standardized accounting software package. A more customized itemization of charges and backup data will be provided upon Client’s requests, but at additional fees. Final reports may be withheld until outstanding invoices are paid in full.

Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of Client. A principal risk is the potential for human error by ENGEO. For Client to obtain the benefit of a fee that includes a nominal allowance for dealing with our liability, Client agree to limit ENGEO’s liability to Client and all other parties for claims arising out of our performance of the services described in the agreement. The aggregate liability will not exceed $50,000 (or ENGEO’s fee, whichever is greater, but not more than $1,000,000) for professional acts, errors, or omissions, including attorney’s fees and costs that may be awarded to the prevailing party and client agrees to indemnify and hold harmless ENGEO from and against all liabilities in excess of the monetary limit established above.

Attachment 3
Council Agenda 8-4-2026 9.E-789.X-140

EQUIPMENT AND MATERIALS CHARGES
February 2026 www.engeo.com
DESCRIPTION COST PER UNIT ($) UNIT

SUMMARY OF LABORATORY FEES

LAB
CODE
TEST

SPECIFICATION

STANDARD

TURNAROUND
(BUSINESS
DAYS) *STANDARD
PRICING*
RUSH

TURNAROUND
(BUSINESS
DAYS)*RUSH
PRICING*

SOIL AND ROCK

AASHTO T272

Attachment 3
Council Agenda 8-4-2026 9.E-799.X-141

February 2026 Page 2 of 5 www.engeo.com

SUMMARY OF LABORATORY FEES
Effective February 2026
Our Laboratories are accredited by AASHTO, Caltrans, DSA, and the US Army Corps of Engineers

TEST RUSH
9110 Percent Flat or Elongated Particles, ASTM D4791, CT 235 5 $295 Same Day $590 8980 Soil pH, percent Lime for Stabilization, ASTM D6276 (Eades and Grimm) 5 $465 Next Day $930 8870 Soil pH, ASTM D4972, CT 643 5 $165 Same Day $330
8190 Plasticity Index, Dry Method - ASTM D4318 5 $318 Next Day $636 8191 Plasticity Index, Wet Method - ASTM D4318 (ASTM Default method) 5 $310 Next Day $620 8192 Plasticity Index, Lime/Cement Treated - ASTM D4318) 5 $345 Next Day $690 8510 Rock Core Unconfined Compressive Strength, ASTM D7012, Method C 5 $345 Same Day $690 8970 R-Value – Lime/Cement Treated, ASTM D2844 CT301 6 $735 3 $1,470 8290 R-Value, ASTM 2844, CT301 6 $720 3 $1,440
8281 Sand Cone Sand Calibration (50 pounds), ASTM D1556 5 $390 3 $780 8280 Sand Equivalent, CT 217, ASTM D2419 5 $295 Next Day $590 8261 Dry Sieve, ASTM D1140, C117 5 $195 Next Day $390
8262 #200 Wash, ASTM D1140, C117 5 $160 Next Day $320
8263 Sieve & #200 Wash, D6913, C136, CT202
(up to one 5-gal. bucket or 50 lbs) 5 $$

5 $49 $
5 8 5
Varies $1 $
4 $$
6 $585/$1,170

/Collapse Test B, per point ASTM D4546 5 $$
5 $$
–
- Modified Varies Stage

SUMMARY OF LABORATORY FEES

LAB
CODE
TEST

SPECIFICATION

STANDARD

TURNAROUND
(BUSINESS
DAYS) *STANDARD
PRICING*
RUSH

TURNAROUND
(BUSINESS
DAYS)*RUSH
PRICING*

CONCRETE

MORTAR & GROUT
ASPHALTIC CONCRETE*
Attachment 3
Council Agenda 8-4-2026 9.E-809.X-142

February 2026 Page 4 of 5 www.engeo.com

SUMMARY OF LABORATORY FEES
Effective February 2026
Our Laboratories are accredited by AASHTO, Caltrans, DSA, and the US Army Corps of Engineers

TEST RUSH
8265 Sieve & #200 Wash (Gradations on HMA extracted aggregates) AASHTO T30, ASTM D5444 N/A N/A N/A
N/A N/A N/A $5
N/A N/A N/A $
N/A N/A N/A $4
N/A N/A N/A $90

VOLUMETRIC PROPERTIES OF HMA
9660 Absorbed Asphalt Binder CT 367 N/A N/A N/A $210
9600 Air Void Content N/A N/A N/A $210
9670 Bulk Specific Gravity – Admixture Blend CT 367 N/A N/A N/A $210 9640 Dust Proportions, CT 367, Caltrans LP-4 N/A N/A N/A $210 9680 Effective Asphalt Binder of Volume, CT 367 N/A N/A N/A $210 9690 Effective Binder Content, CT 367 N/A N/A N/A $210
9580 Effective Specific Gravity of Aggregate-Admixture Blend, CT 367 N/A N/A N/A $210 9620 Void Filled With Asphalt CT 367, LP-3 N/A N/A N/A $210 9610 Voids in Mineral Aggregate CT 367, LP-2 N/A N/A N/A $210 Note: Lab fees for volumetric properties of HMA per CT 367 are based on tests CT 202, CT 308, CT 309, and CT 382 have been completed.

SAMPLE STORAGE

x *Rush turnaround times are calculated based on the average minimum time required to complete the test and remain compliant with the applicable test standard.
x *Rush turnaround time prioritizes rush testing over other requested testing and dedicates a technician to complete the rush testing as quickly as possible. Rush turnaround times are estimates only and do not guarantee test completion within the estimated rush testing timeframe.
x *Test turnaround time is the amount of time required to perform the test once started. Test start times are dependent on available labor and equipment. Please contact Lab Services at [email protected] to determine equipment capacity and availability. Turnaround times are estimates only and do not guarantee test completion within the estimated testing timeframe. x *The testing fees and test durations listed reflect the standard business hours required to perform the test. Samples requiring premium handling will incur additional hourly personnel charges in accordance with the Laboratory Technician Rate presented on our Fee Schedule. x *For HMA testing, only rush pricing is provided because all HMA testing is expedited on a rush basis. When HMA testing is requested, all other testing is secondary due to the timeliness needed for the HMA results. x Add three days to the estimated test duration for soil testing that requires remolded specimens. x The above fees are reviewed annually and are subject to change. Additional tests are available upon request. x Prices exclude field collection and transportation to the laboratory. x Supplemental fees for laboratory preparation of specimens are charged on an hourly basis. x Where tests are to be run on an immediate need basis (tests to be initiated out of order received and regardless of status of other previously received samples), the expediting fee is 100% of the listed unit rate. x There is a 3:00 pm cut-off time for sample delivery/test start time. x Turnaround times are based on samples delivered to the laboratory before 3:00 pm. Turnaround time on samples received after 3:00 pm will begin at 7:00 am the following business day.
x Concrete/masonry compression breaks requested prior to the scheduled break date and/or prior to 7:00 am will be considered rush testing requests and billed a rush fee.
x Witness testing will be billed at $150.00/hour per individual witness. x There is a 100% increase in fees per test for testing contaminated samples. x Disposal charges for contaminated samples will be billed to the project on a time-and-expense basis. x All project required weekend work is billed directly to the project with a 2-hour minimum charge. x Samples requiring premium handling, such as searching for testable portions (Shelby, D&M tubes, etc.), will be billed on a time-and-expense basis to the project.

Attachment 3
Council Agenda 8-4-2026 9.E-819.X-143

FINANCE LETTER
04/20/2026
05-SLO-0-PBCH
ER-32L0(043)
0517000133

DEPARTMENT OF TRANSPORTATION
To: City of Pismo Beach
Date:

D_CO_RT:

Project No:

Adv. Project Id:
12/31/2033Project End Date:

EA No:

Est Tot Proj Costs:

PRO RATA OR

LUMP SUM

FEDERALFEDERALFINANCE ITEMS LOCALFEDERAL
$0.00 $0.00$0.00$25,000.00 $0.00$0.00$0.00$25,000.00100.00%Force Account Lump Sum $25,000.00 $0.00 $88,620.00$0.00$772,620.00 $0.00$199,145.00$458,296.00$26,559.0088.53%Agency Preliminary Engineering Lump Sum $772,620.00 $0.00 $0.00$0.00$0.00 $0.00$0.00$0.00$0.000%Blank $0.00 $0.00 $5,735.00$0.00$50,000.00 $44,265.00$0.00$0.00$0.0088.53%Right of Way Lump Sum $50,000.00 $0.00 $5,735.00$0.00$50,000.00 $44,265.00$0.00$0.00$0.0088.53%Utility Relocation Costs Lump Sum $50,000.00 $1,599,627.57 $886,196.00$2,771,185.57$7,726,200.00 $581.67$0.00$2,468,609.19$0.0088.53%Construction Lump Sum $7,726,200.00 $0.00 $132,930.00$619,710.00$1,158,930.00 $0.00$0.00$406,290.00$0.0088.53%Agency Construction Engineering Lump Sum $1,158,930.00 $9,782,750.00 $9,782,750.00 $51,559.00 $3,333,195.19 $199,145.00 $89,111.67 $3,390,895.57 $1,599,627.57 $1,119,216.00Totals:

FEDERAL PART.

COST
FEDERALFED. REIMB %TOTAL COST OF
WORK

FEDERAL FEDERAL
ER10 ER12 Z9W0 ER14 ER05 ER01
Participation Ratio: 100% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.

Signature:

Senior Area EngineerTitle:

SEQ #12: Local AC Conversion to Federal ER01, ER05, ER12, and ER14 Funds in the amount of $4,837,540. No change to PED. *Cliff Ave & Ocean Blvd Bluff Erosion project, DVH-PBCH-003-3. (805) 458-1502
Leif KohlerPrinted Name:

Telephone No:

For questions regarding finance letter, contact:

Remarks:
_________________________________

Page 1 of 2 ends

Attachment 4
Council Agenda 8-4-2026 9.E-829.X-144

FINANCE LETTER
04/20/2026
05-SLO-0-PBCH
ER-32L0(043)
0517000133

DEPARTMENT OF TRANSPORTATION
To: City of Pismo Beach
Date:

D_CO_RT:

Project No:

Adv. Project Id:
12/31/2033Project End Date:

EA No:

Est Tot Proj Costs:

ADV. PROJECT ID APPROP.

UNIT STATE PROG. FED/ STATE ENCUMBRANCE
AMOUNT
APPROP
YEAR

EXPENDITURE
AMOUNT

ENCUMBRANCE

BALANCE

REVERSION
DATE*

APPROVED
AMOUNT

EXPIRATION
DATE
Cooperative Work AgreementACCOUNTING INFORMATION ER-32L0(043) 0517000133 26102F 2030010650 F $4,837,540.00 2526 $0.00 $4,837,540.00 06/30/2031 0517000133 25102F 2030010650 F $3,364,140.00 2425 $0.00 $3,364,140.00 06/30/2030 0517000133 23102F 2030010650 F $88,530.00 2223 $11,922.35 $76,607.65 06/30/2028 0517000133 22102F 2030010650 F $199,145.00 2122 $199,145.00 $0.00 06/30/2027 0517000133 19102F 2030010650 F $122,620.00 1819 $122,620.00 $0.00 06/30/2024 0517000133 17102F 2030010650 F $33,907.59 1617 $33,907.59 $0.00 06/30/2022 *Please submit invoices to the appropriate Districts by April 1st to avoid funds lapsing on the June 30th reversion date listed above and to allow sufficient time for Accounting and SCO year-end closing procedures.

Page 2 of 2 ends

Attachment 4
Council Agenda 8-4-2026 9.E-839.X-145

PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.F
Meetin Date: u ust 4, 2026

TITLE:

Award of Contracts to Pavement Coatings Co. and Willdan Engineering for the 2026 Roadway Maintenance and Slurry Seal Project; Related Budget Adjustments

RECOMMENDATION:

Adopt a Resolution:

1. Authorizing the City Manager to:

A. Execute a construction contract with Pavement Coatings Co. for the 2026 Roadway Maintenance and Slurry Seal project in the amount of $978,790.20; and
B. Enter into a Professional Services Agreement with Willdan Engineering in an amount not to exceed $143,138 for Construction Management, Inspection and Administration Services; and

2. Appropriating related budget adjustments in Fiscal Year 2027.

DISCUSSION:

The Fiscal Year (FY) 2027 budget and 10-Year Capital Improvement Program include an annual budget to complete light street maintenance, such as crack filling, striping, filling potholes and performing dig-outs. The 2026 Roadway Maintenance & Slurry Seal Project was developed from the recently updated Pavement Management Plan and includes maintenance to the 400 blocks of Ocean View Avenue and Stimson Avenue, Bettiga Way, and Dell Court, as well as roadways in the neighborhoods west of Highway 101 from El Portal to Terrace Avenue. The project also includes maintenance of several intersections along Price Street including Harloe Avenue, San Luis Avenue, Pismo Avenue, Main Street, Pomeroy Avenue, and Stimson Avenue as well as installation of an ADA curb ramp on Seacliff Drive.

Construction
The project was advertised for construction, and three bids were received on July 9, 2026 ranging in amount from $978,790.20 to $1,229,472.00. The lowest responsible bidder is Pavement Coatings Co. (Pavement Coatings) with a bid of $978,790.20 (bid results provided for reference in Table 1). Staff has verified Pavement Coatings’ references and qualifications, and recommends the Council adopt a resolution (Attachment 1) awarding a contract (Attachment 2) to Pavement Coatings in the amount of $978,790.20 for construction of the project.

Council Agenda 8-4-2026 9.F-19.X-146

Table 1. Bid Results

Bidder Amount
Pavement Coatings Co. $978,790.20
The J. F. Will Company, Inc. $993,210.97
R Burke Corporation $1,229,472.00

Construction Management
On June 4, 2026 staff issued a formal Request for Proposals for Construction Management, Inspection and Administration Services for construction of the 2026 Roadway Maintenance and Slurry Seal Project. On July 9, 2026 three proposals were received and evaluated by a review panel. Willdan Engineering (Willdan) was determined to be the most qualified and has been selected to perform the work. Adoption of the proposed resolution (Attachment 1) will also award a contract (Attachment 3) to Willdan for these services.

Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to execute a construction contract with Pavement Coatings for the 2026 Roadway Maintenance and Slurry Seal project in the amount of $978,790.20; enter into a Professional Services Agreement with Willdan in an amount not to exceed $143,138 for Construction Management, Inspection and Administration Services; and appropriating related budget adjustments in Fiscal Year 2027.

FISCAL IMPACT:

The fiscal impact of adopting the subject resolution is a total estimated cost of $1,317,686.20 to construct the project. The total estimated cost includes construction; construction management, inspection and administration services; and a 20% contingency. The Fiscal Year (FY) 2027 Capital Projects Fund Routine Street Maintenance project budget includes $892,226.00 for construction of the project leaving a projected shortfall of $425,460.20.

Staff recommends that the Council appropriate an additional $425,461.00 in the Capital Projects Fund in the 2026 Routine Street Maintenance project capital outlay-street construction account and appropriate related transfers between funds in FY 2027. In order to support this cost, staff recommends de-appropriating $425,461.00 from the Capital Projects Fund FY 25 Paving Project capital outlay-street construction account, including de-appropriating related transfers between funds in FY 2027.

The estimated project costs are shown in Table 2 below.

Council Agenda 8-4-2026 9.F-29.X-147

Table 2. FY 2027 Project Funding
Item Fiscal Impact
Pro ect Cost
Construction Costs Pavement Coatin s $978,790.20
20% Contin enc $195,758.00
CM Costs Willdan $143,138.00
Total Pro ect Costs $1,317,686.20
Routine Street Maintenance Capital Outlay-
Improvements Bud et $892,226.00
Bud et vs Pro ect Cost Surplus / Shortfall $425,460.20
Proposed Bud et Amendments
Capital Projects Fund FY 25 Paving Project
account bud et $425,461.00
ATTACHMENTS:

1. Resolution

2. Pavement Coatings Construction Agreement

3. Willdan Professional Services Agreement
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie Gaglione, PE, Director of Public Works City Manager Approval:

Council Agenda 8-4-2026 9.F-39.X-148

PAGE 1 OF 2
R-2026-___
RESOLUTION NO. R-2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH PAVEMENT COATINGS CO. FOR THE 2026

ROADWAY MAINTENANCE AND SLURRY SEAL PROJECT IN THE AMOUNT OF $978,790.20; ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING IN AN AMOUNT NOT TO EXCEED $143,138 FOR

CONSTRUCTION MANAGEMENT, INSPECTION AND ADMINISTRATION
SERVICES; AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2027
WHEREAS, the Fiscal Year (FY) 2027 budget and 10-Year Capital Improvement Program include an annual budget to complete light street maintenance, such as crack filling, striping, filling potholes and performing dig-outs; and WHEREAS, the 2026 Roadway Maintenance & Slurry Seal Project includes maintenance to the 400 blocks of Ocean View Avenue and Stimson Avenue, Bettiga Way, and Dell Court, roadways in the neighborhoods west of Highway 101 from El Portal to Terrace Avenue as well as maintenance to several intersections along Price Street and installation of a curb ramp on Seacliff Drive; and
WHEREAS, the project was advertised for construction bids, and three bids were received on July 9, 2026; and
WHEREAS, the lowest responsible bidder is Pavement Coatings Co. with a bid of $978,790.20; and
WHEREAS, staff issued a formal Request for Proposals for Construction Management, Inspection and Administration Services and received three proposals on July 9, 2026; and
WHEREAS, the proposals were evaluated by a review panel and Willdan Engineering was determined to be the most qualified and has been selected to perform the work; and WHEREAS, the Fiscal Year (FY) 2027 Capital Projects Fund Routine Street Maintenance project budget includes $892,226.00 for construction, construction management, inspection and administration services and a 20% contingency leaving a projected shortfall of $425,460.20.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a construction contract, in substantially the form attached to staff’s report dated August 4, 2026, with Pavement Coatings Co. for the 2026 Roadway Maintenance and Slurry Seal project in the amount of $978,790.20.

Attachment 1
Council Agenda 8-4-2026 9.F-49.X-149

PAGE 2 OF 2
R-2026-___
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated August 4, 2026, with Willdan Engineering in an amount not to exceed $143,138.00 for Construction Management, Inspection and Administration Services.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby:

1. appropriates $425,461.00 in the Capital Projects Fund in the 2026 Routine Street Maintenance project capital outlay-street construction account, including related transfers between funds in FY 2027; and

2. de-appropriates $425,461.00 from the Capital Projects Fund FY 25 Paving Project capital outlay-street construction account, including related transfers between funds in FY 2027.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Attachment 1
Council Agenda 8-4-2026 9.F-59.X-150

1 of 11
Construction Services Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

CONSTRUCTION SERVICES AGREEMENT

This Construction Services Agreement (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation ("CITY"), and Pavement Coatings Co., a corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK

CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of roadway maintenance for the 2026 Roadway Maintenance and Slurry Seal Project (hereinafter “Project”).

By entering into this AGREEMENT, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, CITY, the Project Manager, the Public Works Director/City Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy against CITY, the Project Manager, or the Public Works Director/City Engineer on account of delay, hindrance, interference or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION

All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15) calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within forty-five (45) consecutive working days (“Contract Time”).

III. THE CONTRACT SUM

CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of nine hundred seventy-eight thousand seven hundred ninety dollars and twenty cents ($978,790.20).

IV. PROGRESS PAYMENTS

Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.

V. RETENTION OF SECURITIES

Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.

Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from CITY, pursuant to the terms of this section.

The escrow agreement entered into pursuant to this section must be substantially similar to the form included in Public Contract Code Section 22300(e). CONTRACTOR shall obtain the written consent of its surety to such escrow agreement. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent of CONTRACTOR’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT

To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this Attachment 2
Council Agenda 8-4-2026 9.F-69.X-151

3 of 11
Construction Services Agreement (Rev. 2/2/2018)
AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage arising from the active negligence, sole negligence, or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

Payment by CITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of CITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section VI shall survive completion of CONTRACTOR’s services or the termination of this AGREEMENT.

VII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for San Luis Obispo County. Wage rates shall conform with those posted at 760 Mattie Road, Pismo Beach, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

IX. CERTIFICATIONS
In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT:

A. None
X. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.

XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this AGREEMENT or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from CITY, or CONTRACTOR shall pay CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.

XII. INSURANCE
A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

CONTRACTOR may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to CITY.

CONTRACTOR shall provide the following types and amounts of insurance:

1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard Insurance Services Office (ISO) “insured contract” language will not be accepted.

Attachment 2
Council Agenda 8-4-2026 9.F-79.X-152

5 of 11
Construction Services Agreement (Rev. 2/2/2018)

2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 (06/92) covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the Project, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code et seq. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.

4. CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non- owned disposal sites.

6. Products/completed operations coverage. Coverage shall extend a minimum of three (3) years after project completion and shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

7. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

i. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to CITY. ii. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or Attachment 2
Council Agenda 8-4-2026 9.F-89.X-153

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Construction Services Agreement (Rev. 2/2/2018)
CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may terminate this AGREEMENT.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment, for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event CONTRACTOR’S policy of insurance cannot be endorsed to provide this notice of cancellation, CONTACTOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability and automobile insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach."

XIII. CONTRACTOR'S LICENSE

CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XIV. REGISTRATION REQUIREMENTS

Pursuant to Section 1771.1(a) of the Labor Code:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered Attachment 2
Council Agenda 8-4-2026 9.F-99.X-154

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Construction Services Agreement (Rev. 2/2/2018)
contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

XV. CORPORATION IN GOOD STANDING

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that the undersigned is authorized to act for and bind the corporation.

XVI. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction.

XVII. SUBSURFACE HAZARDOUS MATERIALS

A. Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY in writing of any:

1. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;

2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT.

B. Upon receipt of said notification CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost of or the time required for performance of any part of the XVIII. COMPONENT PARTS OF THE CONTRACT

This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the AGREEMENT as if herein set out in full or attached hereto:

In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order:

1. Agreement

2. Change Orders and Work Directive Changes

3. Addenda

4. Notice to Bidders

5. Contract Proposal

6. Special Provisions

7. Technical Provisions

8. Contract Plans

9. City of Pismo Beach Standard Specifications and Drawings

10. Standard Specifications for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

11. Standard Plans for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

12. California State Department of Transportation Standard Specifications, latest edition, when specifically referenced in the plans.

All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XIX. ENTIRE CONTRACT

This AGREEMENT constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This AGREEMENT can be modified only by an amendment in writing, signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

Attachment 2
Council Agenda 8-4-2026 9.F-109.X-155

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Construction Services Agreement (Rev. 2/2/2018)
CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Rosemarie R. Gaglione, PE
Title: Director of Public Works
Dated: ________________________________
Signed:

Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:

Signed:

Name: Dean J. Pucci
Title: City Attorney
CONTRACTOR:

Pavement Coatings Co.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative:

Name/Title: ____________________________
City of Pismo Beach
2026 Roadway Maintenance and Slurry Seal Project, bidding on 07/09/2026 2:00 PM (PDT)

Page 1 of 4 ends

Printed 07/09/2026
PlanetBids
Attachment 2
Council Agenda 8-4-2026 9.F-119.X-156

City of Pismo Beach
2026 Roadway Maintenance and Slurry Seal Project, bidding on 07/09/2026 2:00 PM (PDT)

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Printed 07/09/2026
PlanetBids
City of Pismo Beach
2026 Roadway Maintenance and Slurry Seal Project, bidding on 07/09/2026 2:00 PM (PDT)

Page 3 of 4 ends

Printed 07/09/2026
PlanetBids
Attachment 2
Council Agenda 8-4-2026 9.F-129.X-157

City of Pismo Beach
2026 Roadway Maintenance and Slurry Seal Project, bidding on 07/09/2026 2:00 PM (PDT)

Page 4 of 4 ends

Printed 07/09/2026
PlanetBids
Attachment 2
Council Agenda 8-4-2026 9.F-139.X-158

1 of 12
Vendor Agreement (Rev. 3/2024)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Willdan Engineering (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
2026 Roadway Maintenance Project - Construction Management, Inspection and Administration Services
VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through June 30, 2027. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred forty-three thousand one hundred thirty-eight dollars ($143,138), unless otherwise first approved in writing by CITY.

Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

Attachment 3
Council Agenda 8-4-2026 9.F-149.X-159

3 of 12
Vendor Agreement (Rev. 3/2024)
VII. CITY REPRESENTATIVE

The Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR

VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

X. BUSINESS LICENSE

VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

A. Non-design, non-construction Professional Services:

Attachment 3
Council Agenda 8-4-2026 9.F-159.X-160

5 of 12
Vendor Agreement (Rev. 3/2024)
C. Design Professional Services:

In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

Attachment 3
Council Agenda 8-4-2026 9.F-169.X-161

7 of 12
Vendor Agreement (Rev. 3/2024)
CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this Attachment 3
Council Agenda 8-4-2026 9.F-179.X-162

9 of 12
Vendor Agreement (Rev. 3/2024)
AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

XVII. CONFLICT OF INTEREST

No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XX. INTERPRETATION

The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXI. SEVERABILITY

If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH

No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

Attachment 3
Council Agenda 8-4-2026 9.F-189.X-163

11 of 12
Vendor Agreement (Rev. 3/2024)
XXVI. ATTORNEY’S FEES

Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

XXIX. INTEGRATION; AMENDMENT

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

CITY:

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: Dean J. Pucci
VENDOR:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
Attachment 3
Council Agenda 8-4-2026 9.F-199.X-164

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5.Statement of Understandingand Scope of Work
Project Understanding
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Council Agenda 8-4-2026 9.F-259.X-170

Attachment 3
Council Agenda 8-4-2026 9.F-269.X-171

Attachment 3
Council Agenda 8-4-2026 9.F-279.X-172

PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.G
Meetin Date: u ust 4, 2026

TITLE:

Agreement with 4 Creeks, Inc. for Design of the 320/330 Main Street Parking Lot; Related Budget Adjustments
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with 4 Creeks, Inc. in an amount not to exceed $155,512 for engineering design services for the 320/330 Main Street Parking Lot Project and appropriating related budget adjustments in Fiscal Year 2027.

DISCUSSION:

With the completion of the Public Safety Facility, the temporary Police facilities located at 320 and 330 Main Street are no longer in use. The lease agreement with Mobile Modular includes the removal of the temporary trailers, and the structure at 320 Main has been vacated and will be demolished as part of the 320/330 Main Street Parking Lot project.

The project will design a new parking lot that will connect with the existing City-owned parking lot at 321 Pomeroy Avenue. The new parking lot design will include demolition of existing buildings and other structures located at 320 and 330 Main Street, earthwork and grading, asphalt-concrete pavement, concrete and ADA improvements, parking lot striping, payment kiosk, vegetated bioswale and drainage improvements, solar lighting, and landscaping and irrigation system.

On June 4, 2026, staff issued a formal Request for Proposals for engineering design services to design and develop construction drawings, specifications, an engineer’s estimate, and support during the bidding process. On July 1, 2026, four proposals were received and have been evaluated by a review panel. 4 Creeks, Inc. was determined to be the most qualified and has been selected to perform the work.

Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with 4 Creeks, Inc. in an amount not to exceed $155,512 for engineering design services for the 320/330 Main Street Parking Lot Project.

FISCAL IMPACT:

The fiscal impact of adopting the attached resolution is $155,512 for the engineering design phase of the project. The Fiscal Year (FY) 2027 Parking Enterprise Fund 320/330 Main Street Parking Lot project budget includes $150,000 for design of the project, leaving a shortfall of $5,512.

Staff recommends appropriating an additional $750,000 in the Parking Enterprise Fund 320/330 Main Street Parking Lot project land improvements account to support the design Council Agenda 8-4-2026 9.G-19.X-173

shortfall and future construction of the project in FY 2027. The estimated project costs are shown in Table 1 below.

Table 1. FY 2027 Parking Fund 320/330 Main Street Parking Lot Project Funding Item Fiscal Impact
Available Pro ect Bud et $150,000
4 Creeks, Inc. Contract Cost 155,512
Bud et vs Pro ect Cost Surplus / Shortfall $5,512
Proposed Bud et Amendment
Parkin Fund $750,000
Proposed Budget vs Project Cost Surplus /
Shortfall $744,488
The proposed budget surplus will be used to fund construction and construction management of the project. Once the project has been advertised for construction and bids received, staff will return to Council with a report to award a construction contract and identifying any additional funding needs.

ATTACHMENTS:

1. Resolution

2. Professional Services Agreement
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie R. Gaglione, PE
City Manager Approval:

Council Agenda 8-4-2026 9.G-29.X-174

PAGE 1 OF 2
R-2026-___
RESOLUTION NO. R-2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH 4 CREEKS, INC. IN AN AMOUNT NOT TO EXCEED $155,512 FOR ENGINEERING DESIGN SERVICES FOR THE 320/330 MAIN STREET PARKING LOT PROJECT AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2027
WHEREAS, with the completion of the Public Safety Facility, the temporary Police facilities located at 320 and 330 Main Street are no longer in use; and WHEREAS, the 320/330 Main Street Parking Lot project includes demolition of existing buildings and other structures located at 320 and 330 Main Street and design of a new parking lot that will connect with the existing City-owned parking lot at 321 Pomeroy Avenue; and
WHEREAS, staff issued a formal Request for Proposals for engineering design services to design and develop construction drawings, specifications, an engineer’s estimate, and support during the bidding process; and
WHEREAS, four proposals were received and evaluated by a review panel and 4 Creeks, Inc. was determined to be the most qualified and has been selected to perform the work; and
WHEREAS, the Fiscal Year (FY) 2027 Parking Enterprise Fund 320/330 Main Street Parking Lot project budget includes $150,000 for design of the project, leaving a shortfall of $5,512.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City manager to enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated August 4, 2026, with 4 Creeks, Inc. in an amount not to exceed $155,512 for engineering design services for the 320/330 Main Street Parking Lot Project.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $750,00 in the Parking Enterprise Fund 320/330 Main Street Parking Lot project land improvements account in Fiscal Year 2027 to support the design shortfall and future construction of the project.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of August 2026, by the following vote:

Council Agenda 8-4-2026 9.G-3
Attachment 1

9.X-175

PAGE 2 OF 2
R-2026-___
AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.

________________________
Erica Inderlied, City Clerk

Council Agenda 8-4-2026 9.G-4
Attachment 1

9.X-176

1 of 12
Vendor Agreement (Rev. 3/2024)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and 4 Creeks, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Engineering Design Services – 320/330 Main Street Parking Lot VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through June 30, 2027. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred fifty-five thousand five hundred twelve dollars ($155,512), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

VII. CITY REPRESENTATIVE
The Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s Council Agenda 8-4-2026 9.G-5
Attachment 2

9.X-177

3 of 12
Vendor Agreement (Rev. 3/2024)
City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

B. Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

C. Design Professional Services:

9.X-178

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

9.X-179

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

Council Agenda 8-4-2026 9.G-8
Attachment 2

9.X-180